Reference no: EM132927518
The Charlotte Mecklenburg Police Department receive a 911 call of an Armed Robbery in progress. Officers respond to the scene of the alleged crime. Upon arriving, they speak with the alleged victim and several witnesses.
The victim informed the officers that she was coming out of the grocery store when she was approached by a white male who pointed a handgun at her and demanded money. She stated that he took her pocketbook and then ran from the scene.
The Officers asked the victim to describe the suspect that took her pocketbook. She stated that he was approximately six feet tall, blonde hair, wearing blue jeans and a red sweatshirt. She further stated that he was wearing a black baseball cap.
The Officers then asked the victim what her pocketbook contained. She stated her wallet, containing her I.D, credit cards and approximately fifty dollars. She also stated her cell phone and blackberry were in the pocketbook.
The Officers then spoke with two other witnesses who observed the incident take place. They confirmed the victim's account of the incident and her description of the suspect. The witnesses also stated that the suspect ran north from the scene.
The Officers then began patrolling the surrounding area where the incident took place. Approximately one mile from the scene, they observe an individual who matched the description provided by the victim.
The Officers approach the suspect, draw their weapons and order him to stop. They then pat down the outside of the suspects clothing. While patting down the suspect, they feel something that could be a handgun. They lift up his shirt and find a handgun in the waistband of his pants.
The Officers place the suspect under arrest and conduct a full search of his person. In doing so, they locate the victim's wallet, cell phone and blackberry.
The Officers question the defendant and he admits to robbing the victim. He stated that he had a drug problem and needed the money.
1. Did the police legally stop the suspect?
2. Did the police legally pat down the suspect?
3. Did the police legally arrest the suspect?
4. Did the police legally search the suspect?
5. What should happen to the Defendant at his Preliminary Hearing?
6. What crimes, if any, could the suspect be formally charged with and convicted?
7. What type of charging document should be used to formally charge the defendant?
8. Does the defendant have the right to an attorney at his arraignment?
9. Does the defendant have the right to an attorney at his arraignment?
10.Can the evidence, located by the police, be used against the suspect in court?